‘Temples can’t prohibit entry without constitutional right’

The Supreme Court on Monday observed that temples can’t prohibit entry unless it has constitutional rights. A three-judge bench headed by Justice Dipak Misra made these oral observations during the hearing of a PIL challenging the Sabarimala Ayyappan temple custom prohibiting entry of women between 10 and 50 years.

The bench told senior counsel K.K. Venugopal for Kerala, “Temples can’t prohibit entry except on the basis of religion. Unless you have constitutional right you can’t prohibit the entry.” It was submitted on behalf of the temple board that it is an old custom and supported by the Kerala high court order.

Kerala sought permission to file an affidavit to support the stand that such a ban on entry was based on custom.

The petition said the aforesaid practice degrades the class of women and is against the basic tenets of Hindu religion where women are worshipped in the form of Goddesses. Such evil practices have been generated out of narrow thinking which are not part of basic Hindu religion. According to the petitioner, Young Lawyers Association, Kerala, such discrimination is violation of Articles 14 (equality) 15 (prohibition against discrimination), 25 (freedom to practice any religion). It contended that the custom restricting entry of women aged between 10 and 50 to the temple was violative of their constitutional rights, including the right to equality guaranteed under Article 14. The petition wanted the ban to be listed.

The bench granted time to Kerala and the Dewaswom Board to file reply and posted it for further hearing on February 8.